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Commercial Contracts
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April 25, 2025
Feds Accused Of Illegal Education Data Collection Rollback
The Department of Education is defying congressional mandates requiring the collection and analysis of national education data, including by canceling $900 million in data maintenance and collection contracts, educational organizations said in a lawsuit filed in Washington, D.C., federal court.
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April 25, 2025
CFPB Plans Exit From Auto Finance Suit, Leaving It To NY
The Consumer Financial Protection Bureau has moved to withdraw from a predatory lending lawsuit it brought jointly with the state of New York against subprime auto lender Credit Acceptance Corp., marking another pullback in a series of enforcement retreats by the agency.
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April 25, 2025
Manufactured Home Finance Biz Faces New 'Risky Loan' Suit
After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
Judge Won't Halt Auction Over Unpaid SPAC Finder's Fee
A Florida federal judge denied a cloud company's request to halt an auction of its assets to collect a $2.4 million debt, finding that iCoreConnect failed to show it would likely win claims that PIGI Solutions LLC acted as an unregistered broker-dealer when advising on its merger with a blank check company.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now
A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.
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April 24, 2025
Insurer Says No Coverage For Nursing Home Negligence Deal
An insurer shouldn't have to pay for a settlement that a healthcare management company reached following a nearly $3.3 million jury verdict in an underlying nursing home negligence suit, the carrier told a Washington federal court, saying the company settled without its consent.
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April 24, 2025
Blue Cross Says It Never Had $7M Contract With Pa. Lab
Blue Cross Blue Shield of Texas asked a court Wednesday to dismiss a $7 million lawsuit brought by a Pennsylvania lab, writing that the company's attempt to replead its case "misses the mark."
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Red Sox TV Network Wins Civil Judgment In Fraud Suit
The regional cable channel that broadcasts Boston Red Sox and Bruins games has obtained a civil judgment against a former executive who was convicted of embezzling nearly $600,000 through a billing fraud scheme.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
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April 23, 2025
Equipment Rental Industry Facing Algorithmic Pricing Claims
The construction equipment rental industry is the latest to face claims of algorithmic collusion, with several suits filed in the last few weeks accusing United Rentals, Herc, The Home Depot and others of using the same third-party service to set prices.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Fla. Panel Reverses Promoter's $1M Award Against Pro Boxer
A Florida appeals court on Wednesday reversed a $1.45 million judgment against professional Mexican boxer Saul "Canelo" Alvarez, finding that the award for Alvarez's former promoter — who claimed he was owed part of Alvarez's earnings — was not based on competent substantial evidence.
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April 23, 2025
Ex-Exec Says Centene Harassed Him Over Void Noncompete
A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.
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April 23, 2025
'Minute Entry' Isn't A Real Judicial Order, 2nd Circ. Told
A Second Circuit panel on Wednesday seemed skeptical of a plastic resin producer's claim that a Connecticut federal district judge's oral ruling and follow-up minute entry weren't formal orders triggering a deadline to appeal several contract dispute losses totaling $1.7 million.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
Crypto Co. Drops Suit Against K&L Gates, For Now
A bitcoin mining company has dropped its lawsuit against its former counsel K&L Gates LLP, ending for now its claims that the firm overbilled it and missed a key deadline in a separate bankruptcy action.
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April 23, 2025
Colo. Resort Developer Nixes Suit To Pursue Barbuda Claims
A Colorado-based resort developer has voluntarily dismissed a Denver District Court lawsuit accusing a business partner on a Barbuda resort project of violating a noncompete by working on a similar resort, and plans to pursue his claims through a case in Barbuda, according to the developer's lawyer.
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April 23, 2025
Musk's X Settles Age Bias Suit Over Layoffs
A California federal judge dismissed a certified collective action filed against Elon Musk's social media company X on Wednesday that alleges workers aged 50 and older were disproportionately targeted for layoffs, issuing the order after the parties reported they reached a settlement.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.